Dang v Administrative Appeals Tribunal

In the matter of *Dang v Administrative Appeals Tribunal*, heard before Judge Vasta of the Federal Court of Australia, the applicant, Mr. Dang, sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT). The AAT had affirmed a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse Mr. Dang’s application for a partner visa (subclass 820). Mr. Dang contended that the AAT had erred in law in its assessment of his relationship with his sponsor.

The central legal issue before the Court was whether the AAT had made an error of law in its interpretation and application of the evidentiary requirements for establishing a de facto relationship under the *Migration Act 1958* (Cth) and associated regulations. Specifically, the Court was asked to consider whether the AAT had adequately considered all the evidence presented by Mr. Dang regarding the nature and duration of his relationship, and whether it had applied the correct legal test when assessing the genuineness and continuous nature of the de facto partnership.

Judge Vasta found that the AAT had indeed erred in law. The Tribunal had placed undue emphasis on certain documentary evidence while seemingly downplaying or overlooking other substantial evidence that supported the existence of a de facto relationship. The Court reiterated the principle that a de facto relationship can be established through a holistic assessment of various factors, including the duration of the relationship, the nature of the household, the degree of mutual commitment to a shared life, and the public aspects of the relationship. The AAT’s failure to give sufficient weight to all relevant evidence, and its apparent misapplication of the legal test for assessing the genuineness and continuity of the relationship, constituted an error of law.

Consequently, Judge Vasta set aside the decision of the Administrative Appeals Tribunal and remitted the matter to the AAT for redetermination according to law.